About Marbl Pty Ltd

Words like ‘us’, ‘we’, ‘our’, ‘AIC’, ‘Advertising Industry Careers’ or ‘Marbl’ refer to Marbl Pty Ltd with a registered address of Level 1, 110 Church Street Hawthorn, VIC 3122. Marbl is a cloud-based industry career and job board platform. The Platform enables our Clients to attract and assess Candidates for active job roles they are attempting to fill. It also allows Candidates to register and apply for new employment opportunities.

General Terms and Conditions

Your access to the Website and/or Platform is conditional upon your acceptance of and compliance with the terms contained in this document by clicking “I accept” when you register on the platform. Your use of, and/or access to, the Website and/or Platform constitutes your agreement to these Terms and Conditions of Service (“Terms of Service”) and our Privacy Policy located at advertisingindustry.careers/privacy-policy. We reserve the right to amend the Terms of Service at any time. Where material changes are made to the Terms of Service, we will provide reasonable notice of the changes before the changes take effect by, for example, providing notice of the changes on the Website and/or by email to Users. Since you are bound by the Terms of Service, we recommend periodically referring to them on the Website.

As a condition of using any services supplied by us, Clients must comply with the Human Rights and Equal Opportunity Commission Act 1986 (Commonwealth) and all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which they conduct business. Where an exemption to comply with the legislation has been granted, the Client must make us aware of this in writing before adding any Job to the Platform.

The intellectual property rights (including copyright) in all information, text, material, graphics, video, software and advertisements on the Website (“Content”) are owned and/or controlled by us, our suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may, using an industry-standard Web browser, download, print and view the Content for your personal, non-commercial use. Otherwise, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these Terms of Service or expressly authorised in writing by us or the relevant third party owner or rights holder. Requests must be made in writing for permission to use our logos or trade marks. Users agree that we retain all intellectual property rights contained in any of the goods and services provided by us.

Users agree to keep confidential any Username(s), password(s) and/or private web addresses allocated to you and to take reasonable steps to keep them secure. You are liable for all activity on your account. You agree to notify us promptly in writing if you have reason to believe that any of these credentials or details may have been disclosed to any unauthorised party, accidentally or otherwise.

Unless you notify us otherwise, we will use the email address you have given us to communicate with you as required for the conduct of the Service. Additional information about other services may form part of this communication. All communication sent to the email address you supplied will be deemed to have been received by you, whether returned or not. It is your responsibility to maintain a current working email address with Marbl at all times.

Whilst we do not review all Jobs, Advertisements, screening questions or video interview recordings, we reserve the right to withdraw without notice to the User any posted material that may be in breach of any clause of these Terms of Service or of any law or regulation. We reserve the right to terminate this Agreement if the User posts any copy or video material that may be in breach of any law or regulation. Further, we reserve the right, in our absolute discretion (where acting reasonably), to reject or remove such materials from the Platform for any reason.

You must not use the Platform in any manner or for any purpose in breach of the laws of any Australian or any other jurisdiction or in any manner which violates any right of Marbl Pty Ltd or any other party or restricts or inhibits any other User from using the Platform or which is otherwise prohibited by these Terms of Service.

Users must not use the Platform to post any pyramid, multi-level marketing or similar scheme and also must not ask or require any Candidate to pay a fee or any money whatsoever to apply for any Job. All posts of this nature will be removed immediately without notice and may lead to your access to the Platform being removed.

Users agree not to use any feature of the Platform to send unsolicited commercial email to Candidates, whether individually or as a group and agree not to attempt to promote or sell their own products or services to Candidates. Users also agree not to use the Platform in any way to generate leads for their own business. Platform features and Communication Tools may only be used to communicate with Candidates about the specific vacancies for which they have applied, or for future vacancies for which the Candidate is suitable.

Users must ensure that all Jobs posted to the Platform are real, paid and current opportunities and that they comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct (“Laws”). The Platform must not be used to promote jobs that are not current opportunities or to farm resumes. Expressions of interest for upcoming jobs and talent pooling on a small scale for this purpose are permitted.

Users indemnify and will keep indemnified Marbl, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by us in connection with:

• any breach of these Terms of Service by the User;
• any negligent act or omission by the User;
• the showing of Job, screening or video content owned by the User on the Platform, Website or any related website;
• an actual or alleged breach by a User of any Laws which occur as a consequence of the User’s Job or Screening or Video content appearing on the Platform;
• any file delivered to us by the User containing any defects, infections or viruses.
  

We cannot guarantee to the User that files available for downloading through the Website or Platform will be free of viruses, worms, malware or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Website or Platform for the reconstruction of any lost data.

We accept no responsibility for any errors or omissions in content posted by Users and require that Users thoroughly check content prior to posting. Incorrect content will require the post to be closed and a new one created at the Client’s cost.

We will use reasonable efforts to publish User content to the Platform within a reasonable time.

Users may not assign or transfer any rights and obligations pursuant to these Terms of Service to any other person or entity without prior written approval (which will not be unreasonably withheld or delayed) of Marbl. Where the Client is a company, any change in effective control shall be deemed an assignment for the purpose of this clause.

Users acknowledge and agree that we act as a medium through which individuals apply for employment opportunities and that we do not vet nor are we responsible for vetting job applicants or their representations whether oral or in writing.

Users agree at all times to deal with any information or products provided by us or accessed from our Website and/or Platform in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).

Clients may access and use the information stored on Candidates solely for the purpose of identifying Candidates whose work preferences, work type, experiences and abilities match the Clients’ current job opportunity. Clients must not use or forward a Candidate’s resume or other personal information without their permission whether or not the third-party receiving the information is a related entity.

The Website and/or Platform may contain hyperlinks to websites operated by third parties. These linked websites are not under the control of Marbl and/or the Users and we are not responsible for the contents of any linked website or any hyperlink contained in a linked website. Any relationship between us and a linked website is independent of the Website notwithstanding that we may receive a fee for the provision of the hyperlink. Where we provide these hyperlinks, we do so as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by us. You click on links to any such website entirely at your own risk.

The Platform includes Communication Tools which facilitate interaction between Candidates and Clients. It is a condition of your use of any Communication Tools and your access to, and use of, the Platform that you do not do any of the following:

• restrict or inhibit any other User from using or enjoying any Communication Tool;
• post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable Laws;
• post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
• post or transmit any material of any kind which contains a virus or other harmful component;
• post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
• delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
• download any file posted by any other User of a Communication Tool if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

We may from time to time, but have no obligation to, monitor or review the contents of the Communication Tools. You expressly acknowledge and agree that the Communication Tools provide a means of public and not private communications.

We reserve the right at all times where acting reasonably and without the need to have to provide any notice to Users, Clients or Candidates, to alter the functionality and appearance of our products and services available through the Platform, where we believe changes are required in order to promote a consistent, better or more secure experience or to comply with legal requirements.

Users must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Marbl without our prior written approval, which will not be unreasonably withheld or delayed.

Users must comply at all times with the Privacy Act 1998 (Cth) and the Marbl Privacy Policy available at advertisingindustry.careers/privacy-policy

Disclaimers

The Website and Platform have been developed with due care and consideration however, where employment matching is concerned, no system or process is without its imperfections. Whilst every care has been taken, Marbl makes no representation that any resume, content, matching, ranking, report or interview response is either accurate or a complete representation of a Candidate nor do we represent it as a predictor of past or future behaviour or potential.

As is the case with human judgement and candidate choice, the characterisation of individuals using methodologies provided for in the Platform can be inexact and subject to errors. Artificial Intelligence (AI) tools used for resume parsing and ranking and personality profiling can only function on the basis of the information that is provided. Clients should use the results provided by the Platform as a guide and we strongly recommend that Clients consider reviewing applications that did not rank to ensure suitable Candidates are not overlooked.

Marbl provides general guidance to Candidates on how to construct resumes and how to respond to video interviews however, this is strictly general guidance and not advice. We make no representations to Candidates that their application will be successful or that our Platform will present them as a suitable Candidate. If a Candidate has any doubts or does not wish to use the Platform to apply for an opportunity, they should not proceed with the application or, if they have already applied, they should login and withdraw their application. The Client may at their discretion provide another way to apply.

To the extent that any implied conditions, warranties, representations and/or rights (including those implied by statute) can be excluded, they are excluded. If they cannot by law be excluded, Marbl limits its liability in respect of them to the maximum extent permitted by law including, in respect of conditions or warranties contained in or implied by the Competition and Consumer Act 2010 (and equivalent state or Territory legislation). Marbls liability for breach is limited (at its option) to:

• the supply of the relevant services again;
• the payment of the cost of having the services supplied again.
  

To the extent permitted by law, Marbl’s maximum liability to any person for any matter or thing arising out of or in connection with the supply of services by us or the use of the Website and/or Platform (including for breach of contract by Marbl or the negligence of Marbl or its officers, employees, contractors, or agents or related bodies corporate within the meaning of the Corporations Act 2001 (collectively “Marbl Parties”)) is limited to 3 months aggregate fees charged by Marbl to that person for the provision of the services.

None of the Marbl Parties are liable for any indirect, incidental, special and/or consequential damages (including loss of revenue, loss of profit, loss of opportunity or liability to third parties) arising directly or indirectly from:

• the provision of any services by the Marbl Parties;
• the use of or access to, or the inability to use or access, the Website and/or Platform; or
• any content or any information or other thing contained in any document, website, video, advertisement or report.
  

Marbl reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant Laws.

Disputes

If any dispute arises relating to or in connection with the Services or the use of the Website and/or Platform or any other matter under these Terms of Service, the dispute must be resolved in accordance with the following procedures.

The parties to the dispute must each appoint a senior representative of their respective organisations with authority to resolve the dispute and must notify the other party of the name and contact details of that representative. The representatives must, as soon as possible after that notification (and in any case within 10 business days of a party first notifying the other party of the presence of a dispute), meet and attempt in good faith to resolve the dispute or negotiate a further process to resolve the dispute.

If the dispute is not resolved within 10 business days of that meeting, either party may, by written notice to the other, require the dispute to be mediated by an accredited mediator appointed by the Resolution Institute.

Each party must co-operate with that mediator and otherwise comply with the any rules imposed by the Resolution Institute. No party to a dispute may take any enforcement action in relation to a dispute before the mediator determines that there is no reasonable prospect of the dispute being resolved by the mediation.

Termination

The Terms of Service, as may be amended, are effective until terminated by either party in writing. We may terminate the Terms of Service and your access to the Platform at any time without notice where we have reasonable grounds to do so. In the event of termination, you are no longer authorised to access the Platform but all restrictions imposed on you, licenses granted by you and all Marbl disclaimers and limitations of liability will survive.

Additional Terms & Conditions explicitly agreed in respect of collecting Date-of-Birth and/or Gender.

In Australia, it may be unlawful to request a date of birth or gender from Candidates unless there is a genuine occupational requirement or you have an exemption under equal opportunity legislation. We recommend that you seek legal advice before requesting such information. Users who choose to request these details from Candidates must ensure they comply with all applicable legal requirements and agree to indemnify Marbl and its associates against all liabilities, costs, damages or expenses arising from any complaint or contravention.

Software

The Website and Platform have been developed to run on modern browsers, both desktop and mobile. Where a User is using outdated technology or browsers, we may not be able to provide technical support. Marbl uses third-party providers to provide some features of the Service and, from time to time, these providers may discontinue a service, suffer an outage or change their APIs in a way that impacts our ability to provide User, Client or Candidates with a Service. Marbl will attempt to rectify any such outage as soon as possible but your acceptance of these Terms of Service acknowledges that outages and disruptions sometimes occur and cannot always be avoided.

You must not copy, reproduce, republish, transmit or distribute any source code given to you or divulged to you by any means. You must not copy or make use of work-flows and methodologies used on this Website and/or Platform other than through your Marbl Service. You must not attempt to reverse-engineer or copy any software or computer code you access via this Website.

All rights not expressly granted herein are reserved.

Job Posting via APIs

Job posting via APIs means you can publish a Job advertisement to or from third-party websites or software. Published advertisements are not reviewed by Marbl prior to exposure on the Platform.

Marbl has used reasonable care to make these Services available but cannot be held responsible for results on the third-party website or instances where the API fails to behave as expected. In using these Services, you release Marbl of any responsibility for results on the third-party platform.

Job advertisements will not necessarily appear on third-party websites exactly as formatted on the Platform. A Job advertisement’s appearance will be determined by the third party’s publishing policies from time-to-time and thus is beyond our control. Marbl does not guarantee that the third-party will publish the advertisement in a timely fashion or even at all. Marbl makes no claim that publishing an advertisement to these third-party websites will result in applications being received or the quality of Candidates that may be received. We are unable to provide support related to third-party sites.

You must not publish material that is misleading, obscene, offensive, unlawful, discriminatory or subject to copyright (without the prior written permission from the copyright holder).

Free Job Posting

Clients have the option to post their first job with us for free. This offer can be used one time per company or brand. We reserve the right to refuse to publish or take down a free job posting without reason or notification. Jobs that are not related to the advertising, marketing or media industry will not be published. Employer Profile and Employer Dashboard features are not available with a free job and will require an upgrade to a paid plan.

External links and Analytics

Where a Client uses the External URL job posting feature to direct candidates to apply elsewhere e.g. another job board, career site or applicant tracking system, candidates are directed to the external link without having to register an account. Marbl will be unable to provide data related to these candidates or their applications.

Marbl makes every effort to gather traffic analytics data for employer profiles, jobs, job alerts and candidate applications. When a Client embeds external links into their profiles, they accept that these links may direct candidates away from the Platform and may reduce the overall number of applications received. Marbl reserves the right to limit the number of external links a Client may have or discontinue the ability to create links within profile content at its discretion.

The Platform uses multiple third-party applications for tracking purposes and, while every measure is taken to ensure the accuracy of analytics data, Marbl does not guarantee it.

Miscellaneous

If any part of these Terms of Service is held invalid that part shall be severed from these Terms of Service and the remainder of these Terms of Service will continue to be valid and enforceable.

The Terms of Service are governed by the laws in force in New South Wales, Australia. Users irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.

Contact Us

All correspondence concerning these Terms should be addressed to:

Post: Attn: The Directors, Marbl Pty. Ltd. Level 1, 110 Church Street Hawthorn, VIC 3122 or E-mail: admin@adminmarbl-com-au

Definitions

Advertisements means any page that displays information on an available job as well as company profile information.
Candidate means an individual who is registering on the Platform to apply for a specific role being advertised by a Client.
Client means an entity, organisation or individual which has a commercial arrangement with Marbl to use our Services and/or Platform for the purposes of engaging with Candidates.
Communication Tools means any tool provided that facilitates messaging between Candidates and Clients such as email, SMS, chat, video or conferencing.
Jobs means any active employment opportunity that is available for the Candidate to apply for which is described using a job description.
Platform means the Website and all associated software, apps, files, emails, SMS, pictures, data, hardware, technology, business systems and processes and other resources accessed by logging in at the Website.
Screening questions means a pre-determined set of questions used to assess the suitability of a Candidate for a Job.
Services means any products, functions, goods or services that we or any Client, Service Provider or Integration Partner may provide to or for you, whether or not via the Platform.
User means a Person whose name is specified during an online registration process to create an account on the Platform in the name of that Person, whether that Person then uses the Platform as, a Candidate or on behalf of, a Client or Service Provider, or on some other basis.
Website means advertisingindustry.careers
Email: admin@marbl.com.au
Last Updated: 2nd January 2023
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